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This post was updated on 09/27/2024
Accidents occur, some minor, and don’t have much of an impact. Others, however, are more severe and could significantly change your life. In some cases, an injury can even prevent you from reporting to work while you recover.
Though the workplace is considered safe, some employees may suffer injuries there. In California, the number of work-related injury fatalities rose to 451 in the last couple of years!
Getting Injured at Work
If you get into an accident while at work, the incident is automatically classified as a work-related ailment. However, some incidents are not easy to determine. Sometimes, the injuries may happen while traveling to and from your workplace.
Many Californians drive personal and company vehicles to reach their workplace. So, you may wonder whether you would be compensated for the injury if you sustained it in a motor vehicle accident.
On the other hand, the general rule of California Workers’ Compensation law states that worker’s compensation won’t cover you if you are commuting to and from work. However, there are several exceptions to this general rule.
Exceptions to the General Rule
While the Going and Coming Rule denies workers compensation benefits to you if you get injured while commuting to work and home from work, it’s only based on the premise that the employers derive no benefit. When the worker is commuting.
However, more exceptions to the Going and Coming Rule apply to more factual situations than the general rule explained above.
Employer Pays for Commute
Workers’ compensation will cover your injury if your employer is responsible for your transportation. So you can come to work. When your employer benefits from compensating your commute, an exception to the going and coming rule is created.
Personal Vehicle Is an Implied Condition of Employment
You usually wouldn’t be compensated when driving using your personal vehicle. However, when you must report to many job sites miles away from each other, and your employer doesn’t provide transportation, this situation is exempted from the Going and Coming rule.
Using Your Vehicle to Run Errands for Your Employer
Even though you may not be required to use your personal vehicle to run errands for your employer, a practice has been developed where you drive your car to run these errands. Since the vehicle has become an accommodation to your employer, you will receive benefits if you suffer an injury while driving.
Conclusion
No matter the industry you’re working in, accidents can happen. It is crucial to contact a workers’ comp lawyer to learn about the California Workers’ Compensation law and its exceptions to protect your rights and claim your benefits should something happen to you.
Have you suffered a job-related trauma or accident? Pacific Workers', The Lawyers for Injured Workers, can help you! With more than 130 years of combined experience, we have successfully helped thousands of injured workers throughout Northern California. Request a free case evaluation today at 888-740-6434!
About the author
Carmen Ramirez, Community Director
Meet our passionate Community Director, Carmen Ramirez, dedicated to community engagement and inspiring positive change. Carmen draws inspiration from transformative works like Brene Brown's “Dare to Lead” and the profound insights of Paulo Coelho, striving to lead by example and empower others to reach their full potential.
Beyond work, she finds joy in cinematic masterpieces like “Gladiator,” “The Proposal,” and “The Notebook,” as well as the rhythmic beats of Dua Lipa's “Future Nostalgia” album. Mexican cuisine, especially shrimp tortas with chipotle sauce, holds a special place in their heart, transporting them to sun-kissed shores.
Her dedication to community involvement extends to believing in collaboration and mutual support to achieve goals, fostering meaningful change and positive impact in the community.